Living History

Civil War Fact of the Day | May 26, 2015

On this day in 1865, Gen. Edmund Kirby Smith’s Trans-Mississippi Department was surrendered (without his knowledge, though he accepted the terms one week later).

Terms of military convention entered into this 26th day of May, 1865, at New Orleans, La., between General E. Kirby Smith, C. S. Army, commanding the Department of Trans-Mississippi, and Major General E. R. S. Canby, U. S. Army, commanding the Army and Division of West Mississippi, for the surrender of the troops and public property under the control of the military and naval authorities of the Trans-Mississippi Department.

  1. All acts of war and resistance against the United States on the part of the troops under General Smith shall cease from this date.
  2. The officers and men to be paroled until duly exchanged or otherwise released from the obligation of their parole by the authority of the Government of the United States. Duplicate rolls of all officers and men paroled to be retained by such officers as may be designated by the parties hereto, officers giving their individual paroles and commanders of regiments, battalions, companies, or detachments signing a like parole for the men of their respective commands.
  3. Artillery, small-arms, ammunition, and other property of the Confederate States Government, including gun-boats and transports, to be turned over to the officers appointed to receive the same on the part of the Government of the United States. Duplicate inventories of the property to be surrendered to be prepared, one copy to be retained by the officer delivering and the other by the officer receiving it, for the information of their respective commanders.
  4. The officers and men paroled under this agreement will be allowed to return to their homes, with the assurance that they will not be disturbed by the authorities of the United States as long as they continue to observe the conditions of their parole and the laws in force where they reside, except that persons resident in the Northern States, and not excepted in the amnesty proclamation of the President, may return to their homes on taking the oath off allegiance to the United States.
  5. The surrender of property will not include the side-arms or private horses or baggage of officers.
  6. All horses which are in good faith the private property of enlisted men will not be taken from them. The men will be permitted to take such with them to their homes, to be used for private purposes only.
  7. The time, mode, and place of paroling and surrender of property will be fixed by the respective commanders, and it will be carried out by commissioners appointed by them.
  8. The terms and conditions of this convention to extend to all officers and men of the Army and Navy of the Confederate States, or any of them being in or belonging to the Trans-Mississippi Department.
  9. Transportation and subsistence to be furnished at public cost for the officers and men (after being paroled) to the nearest practicable point to their homes.


Lieutenant-General and Chief of Staff.

(For General E. Kirby Smith.)


Major-General of Volunteers and Chief of Staff.

(For Major General E. R. S. Canby, commanding Military Division of West Mississippi.)



Major-General, Commanding Army and Division of West Mississippi.